Specialist Care Home Solicitors
When running a care home, nursing home or domiciliary care business, you need a specialist law firm that appreciates the complexities of your business. At Scott Bailey, we have been supporting businesses in the care sector for many years, providing us with a strong understanding of the industry and the commercial and legal considerations your business is likely to face. Our experienced care home solicitors can provide your business with the expert legal advice, reliable support and creative commercial solutions it needs to thrive.
Contact our specialist care home & nursing home solicitors
How can care home solicitors help you?
Scott Bailey is here to assist from the moment of acquiring a care business or nursing home through to business sale. Our experienced solicitors focus on ensuring that your business adheres to all regulatory standards and compliance measures. From business inception, growth, modifications, or even regulatory compliance consultation, we will be your go-to legal partners.
We offer a wide array of services, including conveyancing, partnership, shareholder and joint venture contracts, drafting and reviewing commercial contracts, outsourcing agreements, franchise, agency, and distribution agreements, independent legal advice (ILA), personal guarantees, and share incentives and business succession planning.
Buying and selling a care home or nursing home
At Scott Bailey, our focus on excellent customer service is evident from our large and established client base, which we have built over the years. This is especially true when it comes to commercial property transactions. Recognising the importance of promptness and efficiency in the business world, our team of commercial property lawyers ensures you are updated at every step of your purchase or sale. Catering to a wide array of clients, we’re experts at tailoring our services to fit businesses of various sizes and natures. As always, you can rely on our meticulous attention to detail and proactive approach to prepare all necessary documentation for your commercial venture.
Regulatory and compliance for care and nursing homes
As a care or nursing home, or domiciliary care business, you will be carrying out ‘regulated activities’ under health and social care legislation and are required to register and comply with various regulatory bodies. Some of these include DBS checks for all employees, food regulations from the local authority environmental health department, CQC, the ICO, TV and public video screening licences and health and safety are just some of them.
In recent years, there has been a vast increase in the focus of compliance for business owners, and it is essential that the duties and obligations of any business are fully understood and fulfilled. Scott Bailey can assist you with a full range of compliance and regulatory matters, including GDPR and CQC registration, ensuring that you are safely within the law, and avoiding possible expensive legal fees and fines.
Read more about the handling of personal information and GDPR on the CQC website.
Partnership, shareholder and joint venture agreements for care and nursing homes
Planning on launching a care business in partnership or as a joint venture? Scott Bailey can assist you in formulating comprehensive agreements that safeguard the interests of every party. This includes clarifying roles, delineating investments, and breaking down profit shares, among other specific details relevant to your business operations. In addition, our shareholder agreements are designed to offer clear guidelines on the rights and duties of each shareholder, helping to avoid future conflicts and ensuring compliance with corporate legal requirements.
Drafting and reviewing commercial contracts for care homes and nursing homes
Every business interaction you engage in contributes to your commercial contracts with your customers, staff, and suppliers. As such, formalising these arrangements is crucial for clarity and risk reduction. Recognised by law, most contracts are legally binding. Scott Bailey offers an integrated approach, coordinating your commercial contracts with the other legal services we provide, ensuring that all agreements are precisely tailored to your unique business situation.
How specialist care home solicitors can help with outsourcing agreements
If outsourcing becomes a part of your care home operations, it’s essential that your contract mirrors your current and future aspirations. An agreement of this calibre is instrumental for your business’s onward journey, and our expert team is here here to offer guidance along the way.
It’s important to be very clear about the services you’re outsourcing, specifying particular standards and timelines, with set penalties for failure to meet them. Both sides must understand their respective responsibilities for successful service delivery. A fair pricing structure should be established, potentially including a clause for regular cost evaluations.
Additional considerations include the transfer of assets if your property or equipment is utilised. GDPR compliance is necessary for data management, and industry-specific warranties and liability cover are mandatory. Consideration for regular audits may also be advantageous.
In the event that you decide to internalise your services, it’s vital to have an exit clause. Scott Bailey will assess your needs and provide advice tailored for your care home or nursing home.
Franchise, agency, and distribution agreements for care and nursing homes
Looking to grow your domiciliary care business, care home or nursing home? Scott Bailey is experienced in franchise, agency, and distribution agreements that can facilitate your expansion.
Agency agreements often revolve around staffing. We will advise you on the level of authority you may be willing to grant the agency, payment terms, and data protection policies. We’ll also guide you through the complexities of terminating agency agreements and offer insights on minimal notice periods.
For distribution agreements involving goods sold within your care business, we can advise on minimal purchase requirements and limiting liabilities.
Franchise agreements are a great way to scale your operation, and we are her to help when it comes to drafting agreements that cover everything from fees to staff training, tailored to the size and needs of your business.
Independent Legal Advice (ILA) for care homes and nursing homes
Should you require Independent Legal Advice for your documentation, we at Scott Bailey are more than willing to assist. We’ll carefully review your paperwork to make sure you’re fully aware of any risks you might be exposed to, and to deepen your understanding of your contractual commitments.
Personal Guarantees for care homes and nursing homes
When acquiring your care home or nursing home, often where a limited company is involved, you may require a personal guarantor for your finances, and also if you are taking leased premises.
It’s vital that the documentation for the guarantee is in very clear English so any guarantor can quickly grasp the potential risks involved. Scott Bailey can compose your personal guarantee documents to fulfil legal criteria and prevent possible conflicts.
Share incentives and business succession planning for care and nursing homes
A Share Incentive Plan (SIP) is a smart method to reward your employees with company shares, and it’s tax-efficient for everyone involved. Our expert corporate lawyers can help you set it up, resolve any questions you have, and draft all the necessary paperwork.
When you’ve put in the effort to create a successful care or nursing home, you’ll want your legacy and wealth to be shared as you wish. Our specialist care home solicitors can guide you in making plans to ensure this, helping you understand your estate’s value and how to pass it on tax-efficiently.
Our lawyers solve problems
like yours every day.
We would like to hear from you. Please send us a message by filling out our form or contact us using the details below.
Phone: 01590 676933
Fax: 01590 679663
Scott Bailey LLP, 63 High Street, Lymington, Hampshire, SO41 9ZT
